Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

a.Permission is granted to temporarily download one copy of the materials (information or software) on TranEx’s web site for personal,          non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • i.modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on TranEx’s web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

b.This license shall automatically terminate if you violate any of these restrictions and may be terminated by TranEx at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

a.The materials on TranEx’s web site are provided “as is”. TranEx makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, TranEx does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site

4. Limitations

In no event shall TranEx or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on TranEx’s Internet site, even if TranEx or a TranEx authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on TranEx’s web site could include technical, typographical, or photographic errors. TranEx does not warrant that any of the materials on its web site are accurate, complete, or current. TranEx may make changes to the materials contained on its web site at any time without notice. TranEx does not, however, make any commitment to update the materials.

6. Links

TranEx has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by TranEx of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

TranEx may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to TranEx’s web site shall be governed by the laws of the State of Tasmania, Australia without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

    • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
    • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
    • We will only retain personal information as long as necessary for the fulfillment of those purposes.
    • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
    • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
    • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
    • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Terms & Conditions of Trade

  1. Continuing credit contract for a business credit account with TranEx Equipment

    The customer agrees to accept these terms and conditions for the operation, establishment and use of an Account, which the Customer has read and understood and which acceptance is evidenced by the execution of the Account Application (the Application). These terms and conditions set out the Customer’s rights and obligations with respect to the Customer’s use of the Account.

  2. Approval of a credit account

    The customer is required to completely and truthfully answer all questions in the Application, incomplete or incorrectly answered questions may delay consideration of the Application and may give TranEx Equipment the right to terminate the account under clause 16. The approval of the Application will create between the Customer and TranEx Equipment a Continuing Credit Contract (the contract) for an Account with TranEx Equipment on the terms and conditions set out in this document. TranEx Equipment on consideration of this Application, credit references and other information will approve or refuse the Customer’s Application. The Customer will be advised in writing of approval or refusal of the Application. The Contract will arise between the Customer and TranEx Equipment upon TranEx Equipment giving to the Customer Notice of Approval to operate the Account (Notice of Approval).

  3. Credit enquiries

    For the purpose of the Application and during the currency of the Contract, the Customer expressly authorises TranEx Equipment to make such enquiries as TranEx Equipment may require to satisfy itself as to the credit worthiness of the customer and undertakes to provide signed written authorities addressed to the Customer’s banker or other credit providers, credit bureau or mercantile agencies as TranEx Equipment may require.

  4. Minimum transaction level

    It is a requirement of the Contract that the customer will in each calendar month, transact business on credit of not less than $100 (which shall be charged to this account) by purchasing products or services on credit from TranEx Equipment.

  5. Credit Limit

    TranEx Equipment will specify the maximum amount that may be charged to the Account over a particular period (Credit Limit). The Customers Credit Limit will also be subject to regular assessment by TranEx Equipment. TranEx Equipment may, upon request in writing by the Customer agree in writing to increase or decrease the Customers Credit Limit. The Customer agrees that the amount charged to the Account will not exceed the Customers Credit Limit. TranEx Equipment will not be liable for any loss or damage whatsoever or howsoever caused arising from the refusal of TranEx Equipment to supply the Customer with any products or services on credit, notwithstanding that the Customer’s Account has not been suspended or terminated. The Customer agrees to immediately pay the amounts charged to the Account for any products or services applied by TranEx Equipment in excess of the credit limit, whether or not demand for payment has been made by TranEx Equipment. The Customer agrees to immediately pay the amount charged (including any GST or other taxes).

  6. Authorised and unauthorized transactions

    Subject to this clause, the Customer is liable for and shall indemnify TranEx Equipment against any unauthorised use of the Account. The Customer must notify TranEx Equipment in writing of any unauthorised transactions on the Customers Account immediately on the Customer becoming aware of such use. The Customer will not be liable for any unauthorised use of the Account after TranEx Equipment receives written notification of such use. Unless otherwise agreed by TranEx Equipment, the Customer shall provide TranEx Equipment with firstly, a written authorisation for each person authorised to use the Account on behalf of the Customer and secondly, with sufficient particulars to enable identification of the authorised person.

  7. Credit account terms of payment

    Subject to clauses 6 and 9, the Customer is responsible for all charges made to the Account and will be required to pay TranEx Equipment the amount charged on the statement of account. This obligation will continue notwithstanding any change in the constitution, ownership, membership or control of the Customer named in the Application. The Customer agrees to pay TranEx Equipment no later than thirty (30) days from the end of the month of the original purchase. Payment may be made using cash, cheque, credit card, money order or by electronic payment.

  8. Proof of supply of products or services

    The details of the amount due and owing and of any other matters of fact will be set out in a certificate. The Customer agrees that this certificate signed by any manager or any other authorised officer of TranEx Equipment will be sufficient evidence (in the absence of manifest error) of the supply of products or services by TranEx Equipment to the Customer and further agrees that this certificate may be used in court proceedings.

  9. Transaction errors

    Any complaint made by the Customer that a transaction recorded on the Customers statement of account is incorrect must be advised to TranEx Equipment in writing within seven (7) days of the issue of the statement of account, otherwise the transactions recorded in the statement of account shall be deemed to be correctly made and the products and services correctly supplied. Where part of the amount set out in the statement of account is in dispute, the Customer agrees to pay the undisputed amount within the time period specified in Clause 7.

  10. Purpose of the credit account

    The customer warrants that the account is required in respect of business or commercial transactions further the customer warrants that it will not use this account in order to obtain credit for any non-commercial purpose for instance, for personal, domestic or household purposes.

  11. Address for statement

    TranEx Equipment will post the statement of account to the Customer at the address specified by the Customer for that purpose in the Application and this will be sufficient notice of the amount due under the Account for the purposes of Clause 7.

  12. Bank guarantee

    The Customer may be required to provide to TranEx Equipment either prior to the approval of the Application or during the currency of the Contract a bank guarantee to secure the due performance and observance of the terms and conditions on the Customers part, express or implied in the Contract and the said bank guarantee is to be on terms and conditions acceptable to TranEx Equipment.

  13. Other forms of security

    Before it approves the Contract or at any time during the currency of the Contract, TranEx Equipment may require the Customer to provide some satisfactory form of security for the payment of amounts which have been or are in the opinion of TranEx Equipment likely to be charged to the Customers Account. Where the Customer is a company, a properly signed and witnessed guarantee (in time forth provided by TranEx Equipment) may be required from each and every director/shareholder of the Customer or any other person including the spouse or relative of such a director/shareholder or from any associated or related company of the Customer.

  14. Personal Property Securities Act 2009

    1. The Customer acknowledges that the customer grants TranEx Group a security interest in all present and after acquired Goods supplied by TranEx Group and their proceeds to secure all moneys owing to TranEx Group now and in the future in respect of the supply of Goods.
    2. The Customer acknowledges that the customer grants TranEx Group a security interest in all present and after acquired Goods supplied by TranEx Group and their proceeds to secure all moneys owing to TranEx Group now and in the future in respect of the supply of Goods.
    3. The Customer undertakes to immediately notify TranEx Group in writing of any changes in the Customer’s name and/or any other change in the Customer’s details (including, but not limited to, changes in the Customer’s address, facsimile number, trading name or business practice).
    4. The Customer waives its right to receive a verification statement in respect of any financing statement and agree to the extent permitted by law that:
      • Where TranEx Group have rights in addition to, or existing separately from those in Chapter 4 of the PPSA, those rights will continue to apply and in particular, will not be limited by Part 4.3 in Chapter 4; and
      • The rights of the Customer as debtor under Sections 130, 132, 135 and 137 shall not apply to these terms and conditions.
    5. The Customer will pay all costs, expenses and other changes incurred, expended or payable by TranEx Group in relation to the filing of a financing statement or financing change statement in connection with these terms and conditions.
    6. The Customer agrees the Customer will not allow security interests to be created or registered over the goods in priority to the security interest(s) held by TranEx Group.
    7. Goods means all goods we supply to the Customer from time to time, provided that:
      • (but solely for the purpose of the application of the PPSA) where the goods supplied are the Customer’s inventory then all references to Goods in these terms and conditions shall in respect of those goods, be read as references to inventory for so long as they are held as inventory; and
      • where the goods supplied are not, or are no longer held as, you inventory, then all references to Goods in these terms and conditions shall, in respect of those goods mean the goods described in any one or more of the relevant order form, packing slip of invoice (or its equivalent) is deemed to be assented to by the Customer, incorporated in, and form part of these terms and conditions, and unless the context requires otherwise, includes all proceeds of such Goods and product or mass which the Goods subsequently become part of.
    8. PPSA means the “Personal Property Securities Act 2009.”
  15. Changes in address and other particulars

    The Customer shall advise TranEx Equipment within seven (7) days of any change in the constitution, ownership, membership or control of the Customer, or any change or impending change in the Customers address. If such changes occur, TranEx Equipment may require a new Application to be completed and signed. The Customer agrees that it will cause to be signed all documents and do all acts and things appropriate to effect a new Application. Nothing in this Clause shall affect TranEx Equipment’s right to terminate or suspend the Account pursuant to clause 16.2(iv) or to refuse the Customer (or its successor) approval to operate a new Account.

  16. Termination

    1. TranEx Equipment may, at its sole discretion and without requiring any reason to do so, at any time, suspend or terminate the Customers Account on seven (14) days written notice to the Customer.
    2. The Customer acknowledges that TranEx Equipment may terminate the Contract immediately with or without written notice where any of the following circumstances apply:
      • TranEx Equipment was induced by fraudulent misrepresentation on the Customers part to approve an Account to the Customer;
      • the amount charged to a Customer’s Account exceeds the Customer’s Credit Limit at any given time without the prior written approval of TranEx Equipment;
      • any amount charged to the Account is due and unpaid (disputed amounts on the statement of amount will not be considered due until the dispute is rectified);
      •  in the opinion of TranEx Equipment, any change in circumstances, including without limitation changes in the Customers constitution, ownership, membership, control, status or ability to provide security for the payment of amounts which have or are likely to be charged to the Customers Account, makes the continuance of the Contract undesirable or unsatisfactory;
      • the Customers level of business over any three (3) months does not reach the specified minimum monthly level of business per month as required under Clause 4;
      •  the Customer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration; the Customer being a partnership dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving; the Customer being a natural person, dies; or the Customer ceases or threatens to cease conducting business in the normal manner;
      • the Customer is otherwise in default under this agreement or
      • the Customer uses this Account for any non-commercial purpose for instance, for personal, domestic or household purposes.
    3. If TranEx Equipment suspends or terminates the Customers Account under either Clauses 16.1 or 16.2, the outstanding balance of the Account will become immediately due and payable by the Customer to TranEx Equipment. The Customer shall pay to TranEx Equipment any amounts reasonably incurred or expended by TranEx Equipment in exercising its right under these terms and conditions as a result of an act of default by the Customer, or as a result of any circumstance referred to in paragraphs 16.2 (i) to (viii).
  17. Notice

    Notices served pursuant to the Contract may be delivered by post, or by facsimile to the Customer at the postal or facsimile address provided in the Application and to TranEx Equipment at its head office as advised to the Customer in the Notice of Approval. Notice will be deemed given;

    1. in the case of ordinary post, in accordance with Australia Post’s published delivery standards for postal articles between the place of posting and the place of receipt; or
    2. in the case of facsimile, on the next business day following the date of transmission providing that the sender has received an OK code in respect of the transmission and is not notified by the recipient within twenty-four (24) hours that the facsimile transmission was garbled.
  18. Confidentiality and Privacy

    TranEx Equipment may collect personal information in connection with its dealings with the Customer. TranEx Equipment may send the Customer information unless the Customer notifies TranEx Equipment that it does not want to be on a distribution list. The Customer acknowledges and consents to TranEx Equipment collecting, disclosing and using personal information in the manner and for the purposes of enabling TranEx Equipment to better provide and market ifs facilities, products and services to the Customer, and to otherwise fulfil its legal obligations.

  19. Variation

    1. TranEx Equipment may vary these terms and conditions for the credit Account with respect to future transactions between TranEx Equipment and the Customer;
      • by agreement between TranEx Equipment and the Customer;
      • unilaterally by TranEx Equipment giving to the Customer not less than seven (7) days prior written notice specifying the variation and the date upon which the variation becomes effective and that the variation will take place upon that date & unless the Customer closes this Account before the variation becomes effective, the Customer shall be deemed to have accepted the variation and use of the Account after the variation becomes effective shall constitute further acceptance of the variation by the Customer.
    2. Notice of the variation shall be given to the Customer by TranEx Equipment in accordance with Clause 17 but need not be sent separately and may be sent with the Customers statement of account.
  20. Assignment

    The Customer will not assign the Contract without the consent in writing of TranEx Equipment which it may withhold in its discretion solely.

  21. Waiver

    Failure by TranEx Equipment to insist on immediate payment of any amount due and payable shall not constitute waiver of TranEx Equipment’s rights unless in writing, nor shall it affect the obligation of the Customer to make any further payments as and when they fall due.

  22. Governing Law

    The Contract is deemed to be made in the State in which the Customer lodges the Application and shall be governed by the laws in force in that state.

  23. Promotions & Discounts

    Promotions advertised by the TranEx Group are limited to one month from date of publication unless otherwise stated on the specific promotion.

    Returns Policy

    Download our Returns Policy (195 KB PDF)